People v. Raze

VALLÉE, J.

Appellant was convicted of a violation of Penal Code, section 337a, subdivision 3, which provides that every person who, whether for gain, hire, reward, or gratuitously, or otherwise, receives, holds, or forwards, or purports or pretends to receive, hold, or forward, in any manner whatsoever, any money, or consideration of value, or the equivalent thereof, bet or wagered, or to be bet or wagered, or offered for the purpose of being bet or wagered, upon the result, or purported result, of any contest, or purported contest, of skill, speed or power of endurance between horses is guilty of a public offense. He appeals from the judgment and from the sentence imposed. As no appeal lies from the sentence, that appeal is dismissed.

(People

v.

Tollman,

27 Cal.2d 209, 215 [163 P.2d 857].)

On August 10, 1948, a police officer in civilian clothes entered the premises at 2800 North Figueroa Street, Los Angeles, which is a poolroom and bar. The following conversation occurred between the officer and appellant: Officer: “You were lucky not to have been taken with Bill.” Appellant: “Yes, those dumb cops missed the best ones, Roy and 1.1 hid a bunch of markers under my shirt.” Officer: “Well, give me two to win and two to show on ‘Bill Bartlem’ in the 8th at Del Mar.” Appellant: “Okay.” Appellant immediately went to the phone and the officer heard him phone that bet in. Appellant then said to the officer: “I know you had ‘Mine’, a winner, in the 5th, because I heard you give it to Roy. So you have money coming. And I’ll put this bet under cash sales and you can collect tomorrow from Roy. Okay

1

’ ’ Officer: “1 Okay. ’ ’

The officer went to the premises on August 11, 1948, at 3:30 p.m. and saw appellant. He testified: “This defendant was in this poolroom shortly after 3:30, a few minutes after, when I gave the first defendant, Mr. Cardno, a $2.00 show bet on ‘Lady Lassitor’ in the 4th at Del Mar. And defendant Cardno

[920]

gave me change from the $5.00 marked bill, which I had given the defendant. And a few minutes after that, approximately a short time, well, Officer Colbern and two other officers entered. Q. You did not make any bet with the defendant on the 11th, is that right? A. No. I didn’t.”